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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> John Sinclair v Livingstoune. [1631] 1 Brn 330 (15 December 1631)
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR GEORGE AUCHINLECK OF BALMANNO.
Date: John Sinclair
v.
Livingstoune
15 December 1631 Click here to view a pdf copy of this documet : PDF Copy
John Sinclair pursues transferring of a bond against Livingstoune, son and heir to the deceased John Livingstoune of Kinaird, and referred the summons to the defender's oath, and summons him to give his oath at a certain day; at the which day it was alleged, That the defender is a pupil, and cannot be holden to give his oath. The pursuer resiles from his oath, and offers to prove his summons, prout de jure. It was alleged for the defender, That if the pursuer use
any other probation nor oath of party, his summons ought to be continued. It is answered, That there is no necessity; seeing the second summons, whereby the defender was summoned to give his oath, supplies the continuation. The Lords found no necessity of continuation. Page 220.
The electronic version of the text was provided by the Scottish Council of Law Reporting